SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures 2025:UHC:1285-DB COURT’S OR JUDGES’S ORDERS 24.02.2025 WPPIL No. 23 OF 2025 Hon'ble G. Narendar, C.J. Hon’ble Ashish Naithani, J. Heard Mr. Rohit Kumar, learned counsel for the petitioner, Mr. Naresh Pant and Mr. Raunak Pant, learned counsels for respondent no.1 and Mr. Amarendra Pratap Singh, learned Additional Advocate General for the State of Uttarakhand. 2. On the previous date of hearing, learned counsel for respondent no.1- National Highways Authority of India had produced a compilation of papers. One letter is addressed to the counsel on record and same reads as under:- “NHAI/ PIU-VV/ Court Case (HC)/ 2020/ 8403 Dt. 19.02.2025 To, Sh. Naresh Pant, Advocate, 254, Cheena Khanline, Pin Code- 263001. Mob: 9411167564 E-mail: Nareshpant_advocate@rediffmail.com Sub: Regarding WP (PIL) titled as Mohmad Aabid Vs. NHAI & Others. Sir, Kindly refer your e-mail dt. 16.02.2025 vide which writ petition PIL titled Mohmad AabidVs NHAI & Others regarding demand of underpass in Vill- Hasanpur has been forwarded to this office. In this regard, a brief note along with drone photographs & line diagram is herewith enclosed with the request to defend in the matter on behalf of NHAI to safeguard the interest of Authority. Thanking you. Your faithfully Encl: As above (Rahul Meena) Manager (Tech.) For Project Director PIU- Vasant Vihar (Dehradun).” 3. At Page Nos.2 and 3 of the said letter, brief note and photographs captured by the drone are enclosed, and at Page No.4, a short note is appended. Page No.4 reads as under:- Name of the project:- Up-gradation & Four Laning of Poanta Saheb- Ballupur section of NH-72 In the State of Uttarakhand under NH(0) on Hybrid Annuity Mode. Package-II: Mednipur- Ballupur from Design Ch. 18.700 to Ch. 44.800 Brief w.r.t demand of underpass in Hasanpur Village at Km 28+440. The subject project starts from Km 18+700 & ends at 44+800 having total length of 26.10 Kms, Now, out of total 26.10 kms, 22.00 Kms is a Greenfield highway/new alignment passing through crop fields. Accordingly, there are regular demands of underpasses & Culverts by Villagers. 2. The construction work was started by Concessionaire w.e.f 18.02.2023 having Scheduled Completion Date as 17.02.2025 i.e. 02 Years. Currently, the actual progress of the project is to the tune of 75.00% & it is expected that project shall be completed in next 04 Months. 3. In 22.00 Km of Greenfield stretch, number of structures in original agreement & additional structures provided based upon site requirement/public demand is tabulated as under: S.no Structure In original Agreemen t (in nos.) Additional approved as per public demand/ site requirement (in nos.) 1. Culverts 73 07 2. Underpas s 07 04 3. Bridges 20 - 4. Further, from the above table, it is ample clear that based upon various public demands, NHAI has already approved 04 nos. of additional Underpasses which is more than 50% w.r.t already provisioned during project preparation. 5. Hasanpur Villagers are demanding an Underpass at Km 28+440 (say it "demanding location"). Now w.r.t “demanding location” following points are submitted:- (i) As per Concession Agreement, in the original scope of the work, there already an Underpass was provisioned at Km 28+285, which is only 155m from the demanding location & construction of the same has been completed. (ii) Further, w.r.t earlier various demands of Hasanpur Villagers, the matter was deliberated in detail & an additional Underpass at Km 28+750 has been approved by NHAI which is only 310 m from the demanding location & construction of the same has been completed. (iii) From the above foregoing para (i) & (ii), it may be concluded that there is 02 nos. of Underpasses within length of 500m. (iv) It is also to submit that these underpasses are well connected to each other with the provision of Service roads on both hand sides of main highway. (v) A drone photograph showing actual position of constructed Underpass w.r.t "demanding location" has been enclosed as "Annexed-1" for ready reference (vi) A line diagram showing demanding location & underpasses already constructed at site is attached as "Annexure-2" for ready reference.” 4. Today, a copy of the communication addressed to the Project Director, PIU, Vasant Vihar, National Highways Authority of India, dated 21.02.2025, is also placed. In the first compilation of the papers, it was stated that the underpasses presently being constructed are mere 310 meters and 155 meters; that the Authority has obliged multiple demands, and with the passage of few months, the villagers are making revised demands, regarding relocating and additional underpasses; that, underpasses cannot be discriminately placed, as it would affect the stability of the causeway. Even the Highways Authority- respondent no.1 has noted in the first photograph the existing two underpasses are merely 310 meters and 155 meters on the spot. Now, suggested by the villagers, the underpasses already being constructed, the demand of the villagers does not appear to be legitimate. 5. In that view of the matter, placing on record the submission of learned counsel that the construction of the existing underpasses would be completed in 120 days, petition is disposed of. 6. Respondent no.1 shall ensure that the construction of the underpasses is completed within the time and date assured to this Court. 7. That apart, the other submission made by learned counsel for respondent no.1 is that the completion of the highway has been stalled on account of the objection by goons and villagers and the same is not being permitted to be carried out. It is more than two years since the project was commenced and only construction of a stretch of 500 metres is yet to be completed. 8. It is submitted that every time work is sought to be commenced, the local goons accompanied by villages come at the site and they use to force the contractors and the officials of respondent no.1 to stop the construction work. 9. In that view, the State Administration, particularly, the District Magistrate, Dehradun and the Senior Superintendent of Police, Dehradun, shall look into it and address the issue with all seriousness it requires, call the villagers, have a meeting, and resolve the same within two weeks and enable the first respondent to expedite the completion of the project. 10. A copy of this order be forwarded to the District Magistrate, Dehradun and the Senior Superintendent of Police, Dehradun forthwith. 11. There shall be no order as to costs. 12. Pending application, if any, also stands disposed of. (Ashish Naithani, J) (G. Narendar, CJ) 24.02.2025 24.02.2025 NISHANT